The attorneys for the Cape Coral mother, who was found guilty of first-degree murder and several other charges, are seeking a new trial.
Shiela O’Leary was found guilty of first-degree murder, aggravated child abuse, aggravated manslaughter of a child, child neglect, and child abuse on June 28. She previously rejected a 30-year plea deal offered by the state.
In a motion submitted to the court, O’Leary’s attorneys argue that her being convicted of aggravated manslaughter of a child falls under double jeopardy rules because she was already convicted of first-degree murder.
O’Leary’s attorneys argue in the motion that the court did not properly inform the jury of the penalties of a first-degree murder conviction.
The motion for a new trial is scheduled to be heard on July 25, the same day that O’Leary is set to appear in court for sentencing.